Michigan

Legislation History

Michigan voters approved Proposition 1 in November 2018, to allow recreational consumption of cannabis in the state, making it the first recreational state in the Midwest. On Dec. 6, 2018, limited possession of cannabis is legal, but there are no dispensaries yet licensed to sell legal recreational marijuana (rules will be developed in 2019 and applications for adult-use licenses will be made available prior to Dec. 6, 2019). The Michigan Regulation and Taxation of Marijuana Act allows adults 21 and over to possess up to 2.5 ounces of cannabis legally in public and to grow up to 12 plants at home, out of plain sight.

Michigan voters approved the Michigan Compassionate Care Initiative (medical marihuana) with 63% of the vote on Nov. 6, 2008. The measure legalized medical cannabis use for seriously ill patients. It allowed seriously and terminally ill patients to use marijuana with a doctor’s approval and permitted qualifying patients and caregivers to cultivate a limited supply of medical marijuana. Proposal 1 also established a patient registry system and placed prohibitions on public use, as well as driving under the influence of cannabis.

Several Michigan cities and communities have decriminalized recreational use and limited possession over the years. The first was Ann Arbor in 1972. In 2015, Keego Harbor decriminalized recreational use and possession of up to one ounce (1 oz.), or 28.35 grams, for adults 21 and older.

TheMichigan Marihuana Facilities Licensing Act (MMFLA) was signed into law in September 2016 to implement a system of licensing and regulation for five categories of cannabis facilities: growers, processors, secured transporters, safety compliance facilities, and provisioning centers. The MMFLA was a direct response to the illegal status of dispensing facilities after a2013 state Supreme Court ruling.

Michigan’s legislation uses an out-of-date spelling of marijuana that harkens to the Marihuana Tax Act of 1937. In order to change the spelling to the more contemporary and widely accepted “marijuana,” the Legislature would have to act officially.

Where is it Safe to Purchase?

As of Dec. 5, 2018, no recreational cannabis dispensaries have opened in Michigan. The rules for commercial growing, processing, and selling cannabis will be developed in 2019 and applications for licenses will be made available before year’s end.

Certified patients may purchase medical cannabis from state-licensed “provision centers.” In compliance with the MMFLA, provision centers are restricted from referring to their operation as a “dispensary,” or using the term “dispensary” in their advertising. The MMFLA defines a provision center as “any commercial property where cannabis is sold at retail to registered qualifying patients or registered primary caregivers.” In other words, the term “provision center” is carefully reserved for licensed medical marijuana dispensing facilities as a clear signal of facility compliance with state law.

Where is it Safe to Consume?

Certified patients and adults 21+ may consume cannabis at home or in a private space. Consumption in public areas is illegal. Consuming medical marijuana in a privately owned vehicle falls under use in a public place, and is also prohibited. Driving under the influence of cannabis is a violation of Michigan’s Drugged Driving laws. Universities that receive federal funding must also comply with drug-free campus regulations, which prohibit marijuana possession and consumption on campus.

Possession and Cultivation Limits

Adults 21 and older may possess 2.5 ounces of cannabis; or 15 grams, or 0.53 ounces, of concentrate. Those interested in growing cannabis at home may cultivate up to 12 plants and may possess the harvest of those plants, up to 10 ounces, or 283.5 grams, in their home. Adults may gift small amounts of cannabis, but are prohibited from selling cannabis without a license.

Certified medical patients are allowed to possess up to one ounce (1 oz.), or 28.35 grams, of “marihuana-infused product.” However, begining on December 6, 2019, any adult 21+ may possess the higher limit of cannabis, regardless of their medical status. Patients under 21 years of age are limited to the medical limits. TheMichigan Medical Marihuana Act (MMMA) designates that the following amounts as legal equivalents of one ounce (1) of medical marijuana:

16 ounces, or 453.6 grams, of marihuana-infused product in a solid form.

Seven grams (7 g) of marihuana-infused product in a gaseous form.

36 fluid ounces, or 1.06 liters, of marihuana-infused product in a liquid form.

Primary caregivers may also hold legal amounts of medical cannabis for their patients. If a caregiver intends to cultivate plants for a patient, it must be specified on the patient’s registry application. Patients and primary caregivers may cultivate and possess up to 12 cannabis plants at a time. Home-cultivated plants must be kept in a locked and enclosed space.

How Old Do I Need
to Be to Consume?

21+

Recreational

18+

Medical

Possession Limit
for Flower

2.5 oz

Recreational

Varies

Medical

Possession Limit
for Concentrates

15 g

Recreational

Varies

Medical

Medical Marihuana Program

The MMMP allows qualifying patients to obtain a registry ID card, which grants the patient legal access to medical marijuana.

Patients and Caregivers

Patients must be 18 or older to qualify for medical cannabis use. If a patient designates a primary caregiver, the patient is required to list the caregiver on their registry application. Caregivers must be at least 21 years old and never have been convicted of a violent or drug-related felony. Primary caregivers must also have not committed a felony of any kind within the last 10 years. Primary caregivers may have up to five (5) qualifying patients in their care.

Debilitating Medical Conditions

The MMMP reserves medical cannabis access for patients with the following debilitating medical conditions:

Alzheimer’s disease

Amyotrophic lateral sclerosis (ALS), or Lou Gehrig’s disease

Cancer

Glaucoma

Hepatitis C

HIV/AIDS

Crohn’s disease

Nail-patella syndrome

The MMMP also reserves medical cannabis for chronic or debilitating conditions, or their treatments, that produce one or more of the following:

Cachexia, or wasting syndrome

Seizures, including but not limited to those characteristic of epilepsy

Severe and chronic pain

Severe nausea

Severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis

Application Process

Applying for medical marijuana certification in Michigan involves the following steps:

Patients must get a recommendation from a qualified physician. Unlike programs in other states, the MMMP doesn’t require extra training from licensed physicians who desire to issue medical marijuana recommendations. It does, however, require a “bona fide doctor/patient relationship.”

Patients must fill out theMMMP application form and submit it with a physician certification and proof of Michigan residency — valid Michigan driver’s license, personal identification card, or signed voter registration).

Patients who obtain a registry identification card are now authorized to cultivate, possess, and purchase medical cannabis.

Registry Identification Card

The patient fee to obtain a registry ID card costs $60. Patients who designate a caregiver in their application must also submit a $25 caregiver fee and a copy of the caregiver’s state-issued identification. Designated caregivers will then receive a registry ID card, which expires the same date as their patient’s registry ID.

Michigan patients have frequently been told by third parties that a registry application and physician will function as a temporary registry ID card. All patients applying for the MMMP should know thata valid registry ID card — presented alongside another state-issued ID, most commonly a state driver’s license — is the onlyform of identification that will protect them from arrest.

Reciprocity

Certified medical cannabis patients from out of state may use medical cannabis while in Michigan, as long as their home state also allows for reciprocity.

If a marijuana sample given to a safety compliance lab does not pass the microbial, mycotoxin, heavy metal, pesticide chemical residue, or residual solvents levels test as required by the MMMA, the facility that provided the sample is required to dispose of the entire batch from which the sample was taken, and provide documentation of its destruction.